- (1.) The Committee of Management of Manash Inter College Fatehpur, district Deoria and Sriram Shahi claiming himself to be the Manager, have filed this petition for quashing the order dated 29th July, 2009 passed by the Regional Joint Director of Education, Azamgarh Region, Azamgarh by which recognition has been granted to the Committee of Management of the Institution elected on 21st December, 2008 with respondent No. 5-Ram Bhawan Gupta as the Manager. A further relief that has been sought is for granting recognition to the Committee of Management of the Institution elected on 21st December, 2008 with petitioner No. 2-Sriram Shahi as the Manager. Manash Vidyalaya Society Fatehpur is a Society registered under the provisions of the Societies Registration Act, 1860. The said Society runs an Intermediate College known as Manash Inter College Fatehpur in district Deoria (hereinafter referred to as the 'Institution') which is recognised under the provisions of the U.P. Intermediate Act, 1921. The Institution has an approved Scheme of Administration which, amongst others, provides that the term of the Committee of Management of the Institution shall be three years.
(2.) It is stated by the petitioners that the election for constituting the Committee of Management of the Institution was held on 22nd May, 2005 under the supervision of the Authorised Controller on the basis of a list of 187 members of the General Body in which Chandra Pal Singh was elected as the Manager and Virendra Singh was elected as the President. The Regional Level Committee granted recognition to the Committee of Management of the Institution elected on 22nd May, 2005 by the order dated 1st September, 2005. On the expiry of the term of three years the Committee of Management in its meeting held on 9th June, 2008 resolved that the election for constituting the Committee of Management shall be held on 22nd June, 2008 and a request was also made to the District Inspector of Schools to send an Observer as was required under Clause 6(3) of the Scheme of Administration of the Institution. The Observer was not sent but the Committee of Management resolved that the election will be held on 29th June, 2008 and a request was again made to the District Inspector of Schools to send an Observer. Since the election of the Committee of Management was held on 29th June, 2008 without the presence of the Observer, the District Inspector of Schools passed an order on 2nd August, 2008 that the Committee of Management of the Institution should hold the election as per the Scheme of Administration of the Institution with the Associate District Inspector of Schools as the Observer after inviting objections to the list of members published in a widely circulated newspaper and thereafter finalise the electoral college with the approval of the District Inspector of Schools. However, the outgoing Manager of the Committee of Management without publishing the list of the members of the General Body made a request to the District Inspector of Schools for appointment of an Observer and the District Inspector of Schools appointed Ram Bhajan, Vice Principal of the Government Inter College as the Observer for holding the election of the Committee of Management of the Institution on 23rd November, 2008 but due to non-availability of the Observer, the election could not be held on 23rd November, 2008.
(3.) It is further stated by the petitioner that in the meantime, Chandra Pal Singh, the outgoing Manager of the Committee of Management of the Institution, filed Writ Petition No. 60107 of 2008 for a direction upon the respondents to transmit the papers regarding the election held on 29th June, 2008 or in the alternative direct the respondents to appoint an Observer for holding the election of the Committee of Management of the Institution. During the pendency of the said Writ Petition, the District Inspector of Schools sent a communication dated 8th December, 2008 to the Manager appointing Sri J.N. Jha, Finance and Accounts Officer as the Observer for holding the election on 21st December, 2008.;